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作者：和合 在 罕见奇谈 发贴, 来自 http://www.hjclub.org
New York State Consolidated Laws
Penal
ARTICLE 240
OFFENSES AGAINST PUBLIC ORDER
Section 240.00 Offenses against public order; definitions of terms.
240.05 Riot in the second degree.
240.06 Riot in the first degree.
240.08 Inciting to riot.
240.10 Unlawful assembly.
240.15 Criminal anarchy.
240.20 Disorderly conduct.
240.21 Disruption, or disturbance of religious service.
240.25 Harassment in the first degree.
240.26 Harassment in the second degree.
240.30 Aggravated harassment in the second degree.
240.31 Aggravated harassment in the first degree.
240.32 Aggravated harassment of an employee by an inmate.
240.35 Loitering.
240.36 Loitering in the first degree.
240.37 Loitering for the purpose of engaging in a prostitution
offense.
240.40 Appearance in public under the influence of narcotics or
a drug other than alcohol.
240.45 Criminal nuisance in the second degree.
240.46 Criminal nuisance in the first degree.
240.50 Falsely reporting an incident in the third degree.
240.55 Falsely reporting an incident in the second degree.
240.60 Falsely reporting an incident in the first degree.
240.61 Placing a false bomb in the second degree.
240.62 Placing a false bomb in the first degree.
240.63 Placing a false bomb in a sports stadium or arena, mass
transportation facility or enclosed shopping mall.
240.65 Unlawful prevention of public access to records.
240.70 Criminal interference with health care services or
religious worship in the second degree.
240.71 Criminal interference with health care services or
religious worship in the first degree.
S 240.00 Offenses against public order; definitions of terms.
The following definitions are applicable to this article:
1. "Public place" means a place to which the public or a substantial
group of persons has access, and includes, but is not limited to,
highways, transportation facilities, schools, places of amusement,
parks, playgrounds, and hallways, lobbies and other portions of
apartment houses and hotels not constituting rooms or apartments
designed for actual residence.
2. "Transportation facility" means any conveyance, premises or place
used for or in connection with public passenger transportation, whether
by air, railroad, motor vehicle or any other method. It includes
aircraft, watercraft, railroad cars, buses, school buses as defined in
section one hundred forty-two of the vehicle and traffic law, and air,
boat, railroad and bus terminals and stations and all appurtenances
thereto.
3. "School grounds" means in or on or within any building, structure,
school bus as defined in section one hundred forty-two of the vehicle
and traffic law, athletic playing field, playground or land contained
within the real property boundary line of a public or private
elementary, parochial, intermediate, junior high, vocational or high
school.
4. "Hazardous substance" shall mean any physical, chemical,
microbiological or radiological substance or matter which, because of
its quantity, concentration, or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or incapacitating
reversible illness, or pose a substantial present or potential hazard to
human health.
5. "Age" means sixty years old or more.
6. "Disability" means a physical or mental impairment that
substantially limits a major life activity.
S 240.05 Riot in the second degree.
A person is guilty of riot in the second degree when, simultaneously
with four or more other persons, he engages in tumultuous and violent
conduct and thereby intentionally or recklessly causes or creates a
grave risk of causing public alarm.
Riot in the second degree is a class A misdemeanor.
S 240.06 Riot in the first degree.
A person is guilty of riot in the first degree when (a) simultaneously
with ten or more other persons he engages in tumultouous and violent
conduct and thereby intentionally or recklessly causes or creates a
grave risk of causing public alarm, and (b) in the course of and as a
result of such conduct, a person other than one of the participants
suffers physical injury or substantial property damage occurs.
Riot in the first degree is a class E felony.
S 240.08 Inciting to riot.
A person is guilty of inciting to riot when he urges ten or more
persons to engage in tumultuous and violent conduct of a kind likely to
create public alarm.
Inciting to riot is a class A misdemeanor.
S 240.10 Unlawful assembly.
A person is guilty of unlawful assembly when he assembles with four or
more other persons for the purpose of engaging or preparing to engage
with them in tumultuous and violent conduct likely to cause public
alarm, or when, being present at an assembly which either has or
develops such purpose, he remains there with intent to advance that
purpose.
Unlawful assembly is a class B misdemeanor.
S 240.15 Criminal anarchy.
A person is guilty of criminal anarchy when (a) he advocates the
overthrow of the existing form of government of this state by violence,
or (b) with knowledge of its contents, he publishes, sells or
distributes any document which advocates such violent overthrow, or (c)
with knowledge of its purpose, he becomes a member of any organization
which advocates such violent overthrow.
Criminal anarchy is a class E felony.
S 240.20 Disorderly conduct.
A person is guilty of disorderly conduct when, with intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a risk
thereof:
1. He engages in fighting or in violent, tumultuous or threatening
behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an
obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or
meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose.
Disorderly conduct is a violation.
S 240.21 Disruption, or disturbance of religious service.
A person is guilty of aggravated disorderly conduct, who makes
unreasonable noise or disturbance while at a lawfully assembled
religious service or within one hundred feet thereof, with intent to
cause annoyance or alarm or recklessly creating a risk thereof.
Aggravated disorderly conduct is a class A misdemeanor.
S 240.25 Harassment in the first degree.
A person is guilty of harassment in the first degree when he or she
intentionally and repeatedly harasses another person by following such
person in or about a public place or places or by engaging in a course
of conduct or by repeatedly committing acts which places such person in
reasonable fear of physical injury. This section shall not apply to
activities regulated by the national labor relations act, as amended,
the railway labor act, as amended, or the federal employment labor
management act, as amended.
Harassment in the first degree is a class B misdemeanor.
S 240.26 Harassment in the second degree.
A person is guilty of harassment in the second degree when, with
intent to harass, annoy or alarm another person:
1. He or she strikes, shoves, kicks or otherwise subjects such other
person to physical contact, or attempts or threatens to do the same; or
2. He or she follows a person in or about a public place or places; or
3. He or she engages in a course of conduct or repeatedly commits acts
which alarm or seriously annoy such other person and which serve no
legitimate purpose.
Subdivisions two and three of this section shall not apply to
activities regulated by the national labor relations act, as amended,
the railway labor act, as amended, or the federal employment labor
management act, as amended.
Harassment in the second degree is a violation.
S 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when,
with intent to harass, annoy, threaten or alarm another person, he or
she:
1. Either (a) communicates with a person, anonymously or otherwise, by
telephone, or by telegraph, mail or any other form of written
communication, in a manner likely to cause annoyance or alarm; or
(b) causes a communication to be initiated by mechanical or electronic
means or otherwise with a person, anonymously or otherwise, by
telephone, or by telegraph, mail or any other form of written
communication, in a manner likely to cause annoyance or alarm; or
2. Makes a telephone call, whether or not a conversation ensues, with
no purpose of legitimate communication; or
3. Strikes, shoves, kicks, or otherwise subjects another person to
physical contact, or attempts or threatens to do the same because of a
belief or perception regarding such person`s race, color, national
origin, ancestry, gender, religion, religious practice, age, disability
or sexual orientation, regardless of whether the belief or perception is
correct; or
4. Commits the crime of harassment in the first degree and has
previously been convicted of the crime of harassment in the first degree
as defined by section 240.25 of this article within the preceding ten
years.
Aggravated harassment in the second degree is a class A misdemeanor.
S 240.31 Aggravated harassment in the first degree.
A person is guilty of aggravated harassment in the first degree when
with intent to harass, annoy, threaten or alarm another person, because
of a belief or perception regarding such person`s race, color, national
origin, ancestry, gender, religion, religious practice, age, disability
or sexual orientation, regardless of whether the belief or perception is
correct, he or she:
1. Damages premises primarily used for religious purposes, or acquired
pursuant to section six of the religious corporation law and maintained
for purposes of religious instruction, and the damage to the premises
exceeds fifty dollars; or
2. Commits the crime of aggravated harassment in the second degree in
the manner proscribed by the provisions of subdivision three of section
240.30 of this article and has been previously convicted of the crime of
aggravated harassment in the second degree for the commission of conduct
proscribed by the provisions of subdivision three of section 240.30 or
he has been previously convicted of the crime of aggravated harassment
in the first degree within the preceding ten years.
Aggravated harassment in the first degree is a class E felony.
S 240.32 Aggravated harassment of an employee by an inmate.
An inmate or respondent is guilty of aggravated harassment of an
employee by an inmate when, with intent to harass, annoy, threaten or
alarm a person in a facility whom he knows or reasonably should know to
be an employee of such facility or the division of parole or the office
of mental health, or a probation department, bureau or unit or a police
officer, he causes or attempts to cause such employee to come into
contact with blood, seminal fluid, urine or feces, by throwing, tossing
or expelling such fluid or material.
For purposes of this section, "inmate" means an inmate or detainee in
a correctional facility, local correctional facility or a hospital, as
such term is defined in subdivision two of section four hundred of the
correction law. For purposes of this section, "respondent" means a
juvenile in a secure facility operated and maintained by the office of
children and family services who is placed with or committed to the
office of children and family services. For purposes of this section,
"facility" means a correctional facility or local correctional facility,
hospital, as such term is defined in subdivision two of section four
hundred of the correction law, or a secure facility operated and
maintained by the office of children and family services.
Aggravated harassment of an employee by an inmate is a class E felony.
S 240.35 Loitering.
A person is guilty of loitering when he:
1. Loiters, remains or wanders about in a public place for the purpose
of begging; or
2. Loiters or remains in a public place for the purpose of gambling
with cards, dice or other gambling paraphernalia; or
3. Loiters or remains in a public place for the purpose of engaging,
or soliciting another person to engage, in deviate sexual intercourse or
other sexual behavior of a deviate nature; or
4. Being masked or in any manner disguised by unusual or unnatural
attire or facial alteration, loiters, remains or congregates in a public
place with other persons so masked or disguised, or knowingly permits or
aids persons so masked or disguised to congregate in a public place;
except that such conduct is not unlawful when it occurs in connection
with a masquerade party or like entertainment if, when such
entertainment is held in a city which has promulgated regulations in
connection with such affairs, permission is first obtained from the
police or other appropriate authorities; or
5. Loiters or remains in or about school grounds, a college or
university building or grounds or a children`s overnight camp as defined
in section one thousand three hundred ninety-two of the public health
law or a summer day camp as defined in section one thousand three
hundred ninety-two of the public health law, or loiters, remains in or
enters a school bus as defined in section one hundred forty-two of the
vehicle and traffic law, not having any reason or relationship involving
custody of or responsibility for a pupil or student, or any other
specific, legitimate reason for being there, and not having written
permission from anyone authorized to grant the same or loiters or
remains in or about such children`s overnight camp or summer day camp in
violation of conspicuously posted rules or regulations governing entry
and use thereof; or
6. Loiters or remains in any transportation facility, unless
specifically authorized to do so, for the purpose of soliciting or
engaging in any business, trade or commercial transactions involving the
sale of merchandise or services, or for the purpose of entertaining
persons by singing, dancing or playing any musical instrument; or
7. Loiters or remains in any transportation facility, or is found
sleeping therein, and is unable to give a satisfactory explanation of
his presence.
Loitering is a violation.
S 240.36 Loitering in the first degree.
A person is guilty of loitering in the first degree when he loiters or
remains in any place with one or more persons for the purpose of
unlawfully using or possessing a controlled substance, as defined in
section 220.00 of this chapter.
Loitering in the first degree is a class B misdemeanor.
S 240.37 Loitering for the purpose of engaging in a prostitution
offense.
1. For the purposes of this section, "public place" means any street,
sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot
or transportation facility or the doorways and entrance ways to any
building which fronts on any of the aforesaid places, or a motor vehicle
in or on any such place.
2. Any person who remains or wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage passers-by in conversation, or
repeatedly stops or attempts to stop motor vehicles, or repeatedly
interferes with the free passage of other persons, for the purpose of
prostitution, or of patronizing a prostitute as those terms are defined
in article two hundred thirty of the penal law, shall be guilty of a
violation and is guilty of a class B misdemeanor if such person has
previously been convicted of a violation of this section or of sections
230.00 or 230.05 of the penal law.
3. Any person who remains or wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage passers-by in converstion, or
repeatedly stops or attempts to stop motor vehicles, or repeatedly
interferes with the free passage of other persons, for the purpose of
promoting prostitution as defined in article two hundred thirty of the
penal law is guilty of a class A misdemeanor.
S 240.40 Appearance in public under the influence of narcotics or a drug
other than alcohol.
A person is guilty of appearance in public under the influence of
narcotics or a drug other than alcohol when he appears in a public place
under the influence of narcotics or a drug other than alcohol to the
degree that he may endanger himself or other persons or property, or
annoy persons in his vicinity.
Appearance in public under the influence of narcotics or a drug other
than alcohol is a violation.
S 240.45 Criminal nuisance in the second degree.
A person is guilty of criminal nuisance in the second degree when:
1. By conduct either unlawful in itself or unreasonable under all the
circumstances, he knowingly or recklessly creates or maintains a
condition which endangers the safety or health of a considerable number
of persons; or
2. He knowingly conducts or maintains any premises, place or resort
where persons gather for purposes of engaging in unlawful conduct.
Criminal nuisance in the second degree is a class B misdemeanor.
S 240.46 Criminal nuisance in the first degree.
A person is guilty of criminal nuisance in the first degree when he
knowingly conducts or maintains any premises, place or resort where
persons come or gather for purposes of engaging in the unlawful sale of
controlled substances in violation of section 220.39, 220.41, or 220.43
of this chapter, and thereby derives the benefit from such unlawful
conduct.
Criminal nuisance in the first degree is a class E felony.
S 240.50 Falsely reporting an incident in the third degree.
A person is guilty of falsely reporting an incident in the third
degree when, knowing the information reported, conveyed or circulated to
be false or baseless, he:
1. Initiates or circulates a false report or warning of an alleged
occurrence or impending occurrence of a crime, catastrophe or emergency
under circumstances in which it is not unlikely that public alarm or
inconvenience will result; or
2. Reports, by word or action, to an official or quasi-official agency
or organization having the function of dealing with emergencies
involving danger to life or property, an alleged occurrence or impending
occurrence of a catastrophe or emergency which did not in fact occur or
does not in fact exist; or
3. Gratuitously reports to a law enforcement officer or agency (a) the
alleged occurrence of an offense or incident which did not in fact
occur; or (b) an allegedly impending occurrence of an offense or
incident which in fact is not about to occur; or (c) false information
relating to an actual offense or incident or to the alleged implication
of some person therein; or
4. Reports, by word or action, to the statewide central register of
child abuse and maltreatment, as defined in title six of article six of
the social services law, an alleged occurrence or condition of child
abuse or maltreatment which did not in fact occur or exist.
Falsely reporting an incident in the third degree is a class A
misdemeanor.
S 240.55 Falsely reporting an incident in the second degree.
A person is guilty of falsely reporting an incident in the second
degree when, knowing the information reported, conveyed or circulated to
be false or baseless, he or she:
1. Initiates or circulates a false report or warning of an alleged
occurrence or impending occurrence of a fire, explosion, or the release
of a hazardous substance under circumstances in which it is not unlikely
that public alarm or inconvenience will result;
2. Reports, by word or action, to any official or quasi-official
agency or organization having the function of dealing with emergencies
involving danger to life or property, an alleged occurrence or impending
occurrence of a fire, explosion, or the release of a hazardous substance
which did not in fact occur or does not in fact exist; or
3. Knowing the information reported, conveyed or circulated to be
false or baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates a
report or warning of an alleged occurrence or an impending occurrence of
a fire, an explosion, or the release of a hazardous substance upon any
private premises.
Falsely reporting an incident in the second degree is a class E
felony.
S 240.60 Falsely reporting an incident in the first degree.
A person is guilty of falsely reporting an incident in the first
degree when he:
1. commits the crime of falsely reporting an incident in the second
degree as defined in section 240.55 of this article, and has previously
been convicted of that crime; or
2. commits the crime of falsely reporting an incident in the third
degree as defined in subdivisions one and two of section 240.50 of this
article or falsely reporting an incident in the second degree as defined
in subdivisions one and two of section 240.55 of this article and
another person who is an employee or member of any official or
quasi-official agency having the function of dealing with emergencies
involving danger to life or property; or who is a volunteer firefighter
with a fire department, fire company, or any unit thereof as defined in
the volunteer firefighters` benefit law; or who is a volunteer ambulance
worker with a volunteer ambulance corporation or any unit thereof as
defined in the volunteer ambulance workers` benefit law suffers serious
physical injury or is killed in the performance of his or her official
duties in traveling to or working at or returning to a firehouse, police
station, quarters or other base facility from the location identified in
such report; or
3. commits the crime of falsely reporting an incident in the third
degree as defined in subdivisions one and two of section 240.50 of this
article or falsely reporting an incident in the second degree as defined
in subdivisions one and two of section 240.55 of this article and
another person suffers serious physical injury or is killed as a result
of any vehicular or other accident involving any emergency vehicle which
is responding to, operating at, or returning from the location
identified in such report.
4. An emergency vehicle as referred to in subdivision three of this
section shall include any vehicle operated by any employee or member of
any official or quasi-official agency having the function of dealing
with emergencies involving danger to life or property and shall include,
but not necessarily be limited to, an emergency vehicle which is
operated by a volunteer firefighter with a fire department, fire
company, or any unit thereof as defined in the volunteer firefighters`
benefit law; or by a volunteer ambulance worker with a volunteer
ambulance corporation, or any unit thereof as defined in the volunteer
ambulance workers` benefit law.
5. Knowing the information reported, conveyed or circulated to be
false or baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates a
report or warning of an alleged occurrence or an impending occurrence of
a fire, an explosion, or the release of a hazardous substance upon
school grounds and it is likely that persons are present on said
grounds.
6. Knowing the information reported, conveyed or circulated to be
false or baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates a
report or warning of an alleged occurrence or impending occurrence of a
fire, explosion or the release of a hazardous substance in or upon a
sports stadium or arena, mass transportation facility, enclosed shopping
mall, any public building or any public place, and it is likely that
persons are present. For purposes of this subdivision, the terms "sports
stadium or arena, mass transportation facility or enclosed shopping
mall" shall have their natural meaning and the term "public building"
shall have the meaning set forth in section four hundred one of the
executive law.
Falsely reporting an incident in the first degree is a class D felony.
S 240.61 Placing a false bomb in the second degree.
A person is guilty of placing a false bomb in the second degree when
he or she places, or causes to be placed, any device or object that by
its design, construction, content or characteristics appears to be or to
contain, a bomb, destructive device or explosive, but is, in fact, an
inoperative facsimile or imitation of such a bomb, destructive device or
explosive and which he or she knows, intends or reasonably believes will
appear to be a bomb under circumstances in which it is likely to cause
public alarm or inconvenience.
Placing a false bomb in the second degree is a class E felony.
S 240.62 Placing a false bomb in the first degree.
A person is guilty of placing a false bomb in the first degree when he
or she places, or causes to be placed, in or upon school grounds, a
public building, or a public place any device or object that by its
design, construction, content or characteristics appears to be or to
contain, a bomb, destructive device or explosive, but is, in fact, an
inoperative facsimile or imitation of such a bomb, destructive device or
explosive and which he or she knows, intends or reasonably believes will
appear to be a bomb under circumstances in which it is likely to cause
public alarm or inconvenience. For purposes of this section the term
"public building" shall have the meaning set forth in section four
hundred one of the executive law.
Placing a false bomb in the first degree is a class D felony.
S 240.63 Placing a false bomb in a sports stadium or arena, mass
transportation facility or enclosed shopping mall.
A person is guilty of placing a false bomb in a sports stadium or
arena, mass transportation facility or enclosed shopping mall when he or
she places, or causes to be placed, in a sports stadium or arena, mass
transportation facility or enclosed shopping mall, in which it is likely
that persons are present, any device or object that by its design,
construction, content or characteristics appears to be or to contain a
bomb, destructive device or explosive, but is, in fact, an inoperative
facsimile or imitation of such a bomb, destructive device or explosive
and which he or she knows, intends or reasonably believes will appear to
be a bomb under circumstances in which it is likely to cause public
alarm or inconvenience. For purposes of this section, "sports stadium or
arena, mass transportation facility or enclosed shopping mall" shall
have its natural meaning.
Placing a false bomb in a sports stadium or arena, mass transportation
facility or enclosed shopping mall is a class D felony.
作者：和合 在 罕见奇谈 发贴, 来自 http://www.hjclub.org |
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